This section contains additional standards and requirements that apply to the use type listed, regardless of the zoning district in which the use is permitted unless otherwise expressly stated. Any use in this section that is regulated as a conditional use in the district in which it proposed shall also comply with the conditional use criteria set forth in Section 1109.05(f).
(a) Accessory Buildings Larger than Permitted by Right. In a Residential District, an accessory building larger than permitted by the regulations set forth in the district regulations may be permitted as a conditional use in compliance with the following:
(1) The minimum lot size shall be 1 acre and the minimum lot width shall be 150 feet.
(2) The accessory building shall have a maximum area of three percent (3 %) of the lot area or 2,000 square feet, whichever is less and shall not exceed eighty percent (80%) of the total floor area of the dwelling and attached garage, but not including the floor area of the basement.
(3) On lots with an area of one acre to less than three acres, such accessory building shall be permitted in the rear yard.
(4) On lots with an area of three acres or more, such accessory building shall be permitted in the side or rear yard.
(5) Such accessory building shall be located no less than ten feet from a side or rear lot line, plus one foot for every two feet of building length greater than twenty feet.
(b) Adaptive Reuse of Existing Non-Residential Building in a Residential District. The adaptive reuse of a non-residential building in a One-Family Residential District shall comply with the following standards:
(1) Purpose: The purpose of this Section is to encourage the retention and productive reuse of structures that have historic, architectural, and/or cultural value to the City instead of seeing their underutilization or demolition because their original use has become functionally obsolete. This Section recognizes the importance of retaining such significant buildings by allowing flexibility in approving their reuse while minimizing any secondary impacts to the surrounding properties.
(2) Eligible Buildings:
A. The building is designated as a local or national historic landmark or is eligible for such listing based on the criteria of each respective listing process; or the Planning Commission finds that the building has architectural, community or cultural value; and
B. The existing building is clearly non-residential in its original construction.
(3) Allowable Uses. As part of conditional use approval, the Planning Commission may authorize a non-residential building to be converted to the following uses:
B. Offices;
C. Work/live units;
D. Museum or other similar cultural institution;
E. Studios for instruction, recreation and education classes such as exercise, art, writing, theater, continuing education, after-school programs, etc.;
F. Restaurants and small specialty retail, located on the first floor of the building, occupying in total less than fifty percent (50%) of the first floor area and, for restaurants, complying with the requirements for restaurants set forth in this Chapter; and
G. Other uses similar to subsections (b)(3)A. to G. above that are found to be compatible with the larger residential district.
(4) All principal uses shall be located within the existing structure.
(5) All activities related to the use(s) on the property shall take place in an enclosed building.
(6) The character of the site and associated amenities should be preserved, maintaining a balance between the building, green space and parking.
(7) The applicant shall provide and the owner and occupants shall adhere to a plan for minimizing impact of the operation on neighboring properties due to noise, hours of operation or other external effects of the operation.
(8) Adaptive reuse projects shall provide as many required off street parking spaces as can reasonably be provided on-site without destroying the integrity of the historic resource. Residential uses shall provide a minimum of one (1) space per dwelling unit for units with up to two (2) bedrooms. Dwelling units with more than two (2) bedrooms shall provide a minimum of two (2) parking spaces.
(c) Adult Day Care Facility. Adult day care facilities shall comply with the following:
(1) Parking spaces required for the facility shall be on the same lot as the principal use.
(2) Access drives shall be located no less than 100 feet from an intersection.
(3) The location and design of the facility shall provide for the protection of the adults from the traffic, noise, and other hazards of the area and/or the arterial street location.
(4) The Planning Commission may impose restrictions on the hours of operation.
(d) Agricultural Uses. Agricultural uses in an R-100 District shall comply with the following:
(1) Apiculture, horticulture, floriculture, and viticulture shall be permitted on any size lot, provided that buildings and structures accessory to an agricultural use shall be on a lot having a minimum area of five acres and a minimum lot width of 200 feet.
(2) The raising and keeping of horses and ponies, shall be on a lot having a minimum area of five acres and a minimum lot width of 200 feet.
(3) Dwellings shall conform to the minimum lot width and setback requirements specified in Section 1131.05.
(4) Buildings and structures accessory to a permitted agricultural use and any fenced enclosure in which animals are kept shall be no less than seventy-five (75) feet from the street right-of-way and 100 feet from all other lot lines. A perimeter fence shall be permitted provided such fence does not constitute a corral or fenced area used for the purpose of containing such animals.
(e) Assembly Hall, Meeting Place, Party Center. An assembly hall, meeting place, or party center may be permitted in D-B and G-B Districts; however, in a D-B District no assembly hall, meeting place or party center shall occupy a ground floor space with frontage on Erie Street, or side street when the building in which such space is located abuts or is contiguous with buildings that abut Erie Street.
(f) Assisted Living Facility. Assisted living facilities shall comply with the following:
(1) The minimum lot area shall be three (3) acres and the minimum lot width shall be (200) feet.
(2) The facility shall accommodate no more than thirty-two (32) beds per acre.
(3) Personal care services shall include laundry and housekeeping, and shall have at least one staff person on duty twenty-four (24) hours each day.
(4) Assisted living facilities shall include a common dining room capable of accommodating fifty percent (50%) of the residents at one sitting and may also provide a mix of service uses to meet the needs of residents including: laundry facilities, lounges, exercise facilities, physical and occupational therapy facilities, and personal services facilities such as a hair salon.
(5) All applicable provisions and requirements of the Fire Code shall be met and certification of such compliance by the appropriate official shall accompany the application.
(6) As required by the relevant provisions of the Ohio Revised Code, the applicant shall present satisfactory evidence that the proposed facility meets all necessary certification, licensing or approval requirements of any appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in the immediate revocation of the facility's conditional use permit.
(g) Auction Warehouse/Showroom. Public or internet auctions may be permitted in the Industrial Districts in compliance with the following:
(1) The hours of operation may be regulated by the Planning Commission.
(2) There shall be no outside auctions.
(3) There shall be no outside storage.
(4) An on-site showroom that is open to the general public shall be limited to ten percent (10%) of the floor area of the building, or 4,000 square feet, whichever is less.
(h) Automated Teller Machine. An automated teller machine which is located on the outside of a principal building; in a lobby or entrance of a principal building and which is accessible during non-regular business hours; or enclosed separately in a freestanding building, shall comply with the following:
(1) Such facility should be located so as to be the least disruptive to pedestrian and vehicular traffic;
(2) There shall be adequate and safe standing space for persons waiting to use the facility;
(3) The Police Chief has determined that the location of the proposed ATM would not constitute a traffic safety hazard.
(i) Automobile Service Station and Other Similar Auto Oriented Businesses. An automobile service station or similar use shall comply with the following:
(1) All work shall be performed entirely within an enclosed building; and all storage of supplies, parts and merchandise shall be within an enclosed building except as provided elsewhere herein.
(2) The parking of employee vehicles and vehicles waiting to be serviced or returned to customers following service shall be parked in areas indicated for such parking on the approved site plan.
(j) Automobile/Truck Rental Agency. The following requirements shall be complied with as conditions for granting a conditional use permit for an automobile/truck rental or leasing agency when such facility is not in conjunction with a car dealership.
(1) The minimum lot area shall be three acres and the minimum lot width shall be 200 feet.
(2) There shall be a building for office and service with a minimum area of 800 square feet. All work on vehicles, including but not limited to cleaning, servicing and repair, shall be conducted within such building.
(3) Trucks over one ton shall be parked at least fifty feet behind any lot line fronting a street. In any event, trucks shall be placed so that they do not interfere with ingress or egress and do not obstruct visibility of traffic.
(4) All lighting and floodlights shall be adjusted so as to be focused and directed downward and away from adjoining property and public streets and adjusted so as not to be a nuisance to adjoining properties. No festoon lighting shall be permitted.
(5) Such uses may be combined with other automotive uses if the total lot area equals the sum of the areas required for each use, except as otherwise regulated in subsection 1155.04(i).
(k) Brewery, Distillery, Winery Production Facilities. In industrial districts, such production facilities shall be permitted to have accessory tasting rooms, and on-site retail sales provided the floor area dedicated to such accessory uses does not exceed ten percent (10%) of the total building floor area, or 4,000 square feet, whichever is less.
(l) Car Sales Agency. A car agency for the sale of vehicles shall comply with the following:
(1) The minimum lot area shall be four acres and the minimum lot width shall be 200 feet.
(2) The minimum building area shall be 25,000 square feet and there shall be sufficient building area to include space for offices; indoor display of at least five motor vehicles; inspection, servicing and repair of at least five motor vehicles; and sufficient parts and storage.
(3) The ground floor area of all buildings shall not exceed thirty percent (30%) of the area of the site.
(4) The portion of the site that is paved shall be used for the parking and display of vehicles in compliance with the following.
A. A minimum of fifty percent (50%) of the paved area shall be devoted to the parking and display of motor vehicles;
B. A maximum of fifteen percent (15%) of the paved area may be devoted to car rental facilities.
(5) The minimum setback for pavement shall be twenty (20) feet from the street right-of-way. The open space between the right-of-way and the pavement shall be landscaped and maintained in accordance with Section 1179.03.
(6) Lighting for all areas used for the outdoor display of automobiles shall be in accordance with a plan approved by the Planning Commission.
(7) Only vehicles that are in good repair, fully operational, and with no missing parts or damage shall be permitted to be displayed or stored outdoors.
(m) Car Wash Establishments. A car wash establishment shall comply with the following:
(1) The facility shall be located in an area covered by a roof.
(2) The area for the facility shall be located on the lot so as to utilize the maximum amount of the lot for the purpose of containing the waiting line of cars prior to the time the cars or other vehicles are actually serviced.
(3) A car wash establishment may be combined with a gasoline station provided that the minimum lot area for the combined uses shall be 55,000 square feet.
(n) Cemeteries.
(1) The minimum lot area shall be five (5) acres and the minimum lot width shall be 200 feet.
(2) Buildings shall be located a minimum of seventy-five (75) feet from each lot line.
(3) Parking shall not be located in the front yard and shall be a minimum of twenty (20) feet from side and rear lot lines.
(o) Child Day Care Center. A child day care center may be permitted in any Residential or Business District subject to the following:
(1) In a One-Family District, such use shall only be permitted in a place of worship or school facility and shall comply with the following.
A. Outside areas for activities shall be fenced for the protection of the children.
B. Parking spaces required for the day care facility shall be on the same lot as the principal use.
C. A drop-off/pick-up location that will not impede traffic on or off the site shall be provided to ensure the safety of the children.
(2) In a Multi-Family or Business District such use shall comply with the requirements of subsection (o)(1) above and the following:
A. The minimum lot area shall be one acre and the minimum lot width shall be 150 feet.
B. The building shall be located a minimum of sixty (60) feet from the street right-of-way and fifty (50) feet from all other lot lines. Parking shall not be located in the front yard and shall be a minimum of twenty (20) feet from the side and rear lot lines.
C. Access drives shall be located no less than 100 feet from an intersection.
D. The location and design of the facility shall provide for the protection of the patrons from the traffic, noise, and other hazards of the area and/or the arterial street location.
(3) A child day-care home, as defined in the Planning and Zoning Code, is considered a residential use of property for zoning purposes and shall be permitted by right in all residential zoning districts.
(p) Commercial Pools, Private Country Club. In any One-family or Multi-family Residential District, private country clubs and commercial pools may be permitted subject to the following:
(1) The minimum lot area shall be three (3) acres for a private country club and ten (10) acres for club and commercial pools; the minimum lot width shall be 200 feet.
(2) All buildings shall be located a minimum of seventy-five (75) feet from all lot lines. Parking shall not be located in the front yard and shall be a minimum of twenty (20) feet from the side and rear lot lines.
(3) All loudspeaker systems shall be approved by Planning Commission and shall not create a nuisance for adjacent properties.
(4) Lighting shall not shine on adjacent property and shall not pose a hazard to traffic movement.
(5) Courts or other outdoor activity areas shall not be located within any required yard.
(6) The Planning Commission may require any outdoor activity area to be fenced to minimize traffic hazards.
(7) The Planning Commission may limit the maximum lot coverage of buildings and activity areas including pools.
(8) Club and commercial swimming pools shall comply with the following:
A. Club and commercial pools shall be pools and water bodies intended for public, semi-public, and private uses other than those specified as private pools for individual residences.
B. All pools shall be located within an enclosed structure or completely surrounded by a fence or wall having a height not less than four (4) feet six (6) inches, and shall be kept locked at all times the pool is not in use. No part of such fence or enclosure shall be located in a required yard.
C. All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than three inches in width, except for doors, gates and windows which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of principal buildings may be used in place of, or as part of, the enclosure.
D. Above-ground pools having vertical surfaces of at least four feet six (6) inches above the finished grade shall be required to have fences, enclosures and secured gates only where access may be had to the pool.
E. Access to a club pool shall be provided only from a secondary or major street. Access to a commercial pool shall be provided only from a major street.
(q) Construction Trade/Contractor Facilities, Truck Terminal. Construction trade establishments, contractor facilities and truck terminals shall comply with the following.
(1) Truck routes shall be established for movement in and out of the development in such a way that it will minimize the wear on public streets and prevent hazards and damage to other properties in the community.
(2) The outdoor overnight parking and storage of any trucks and other equipment shall be enclosed by a solid wall or fence, including solid gates, having a minimum height of seven feet, which must be maintained at all times.
(3) All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Commission. Additional fences, walls or evergreen hedges may be required by the Commission if necessary to adequately screen the materials from adjoining residential districts or public streets.
(r) Crematories.
(1) The following definitions shall apply for this section:
A. "Cremation" means the technical process of using heat and flame to reduce human remains to bone fragments or ashes or any combination thereof. "Cremation" includes processing and may include the pulverization of bone fragments.
B. "Cremation Chamber" means the enclosed space within which cremation takes place.
C. "Cremation Remains" means all human remains recovered after the completion of the cremation process, which may include the residue of any foreign matter such as casket material, dental work or eyeglasses that were cremated with the human remains.
D. "Crematory" means the building or portion of a building that houses the holding facility and the cremation chamber.
E. "Operator of a Crematory Facility" means the sole proprietorship, partnership, corporation, limited liability company or other business entity responsible for the overall operation of a crematory facility.
F. "Pulverization" means the reduction of identifiable bone fragments to granulated particles by manual or mechanical means after the completion of the cremation process.
(2) The Crematory Facility shall not be located within two hundred feet (200') of any dwelling located in a residential district.
(3) In an Industrial District, any person who engages, in whole or in part, in the cremation must be licensed by the Board of Embalmers and Funeral Directors as provided in ORC Chapter 4717.
(4) The operator, owner or any other person involved in the Crematory operation shall obtain and show to Planning Commission any and all licenses required by ORC Chapter 4717 or any other statute of the State of Ohio.
(5) Access for the unloading of the remains to the Crematory shall be in the interior of the Crematory.
(6) Landscape screening of the Crematory from adjacent properties may be required by the Planning Commission, and when such screening is required, a landscaping plan shall be reviewed and approved by the Planning Commission.
(7) No other use shall be permitted in the Crematory facility.
(s) Dance Floor, Entertainment. Dance floors and other similar entertainment facilities including live entertainment may be permitted in association with a principal use in compliance with the following:
(1) The Planning Commission may impose restrictions on the hours such establishment is open for business.
(2) Such establishment shall be located a minimum of 250 feet from a dwelling or residential district.
(3) All indoor entertainment/music shall take place in a fully enclosed sound-resistant building, with closed windows and double-door entrances that provide a sound lock.
(4) Outside entertainment/music may be permitted provided it does not exceed normal conversation levels beyond the property line or cause a nuisance to adjoining properties.
A. The location of the area devoted to outdoor entertainment/music shall be clearly indicated on the site plan.
B. Outdoor entertainment/music shall be permitted no later than 10:00 p.m. Sunday through Wednesdays and no later than 12:00 a.m. on Thursdays through Saturdays.
C. The Planning Commission may require the outdoor area to be screened with a wall, fence or landscaping in order to reduce the sound levels beyond the property.
(t) Drive-Thru and Drive-In Facilities. Drive-thru and drive-in facilities in association with a permitted principal or conditional use as set forth in the regulations of the district in which such facility is proposed shall comply with the following:
(1) Such facilities shall be located on a major street in an area least disruptive to pedestrian and vehicular traffic.
(2) Loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.
(3) Access drives shall be 100 feet from an intersection; one access drive per street frontage shall be permitted; and interconnecting circulation aisles between parcels shall be provided when practicable.
(4) The Planning Commission may impose restrictions on the hours of operation.
(u) Funeral Home: The minimum lot area shall be one acre and the minimum lot width shall be 200 feet.
(v) Gasoline Station. In a G-B and L-G District, a gasoline station may be permitted in compliance with the following:
(1) Gasoline stations located on a corner lot shall have not less than 200 feet frontage on each of the two intersecting streets.
(2) Fuel pumps may be erected in a front yard but not less than twenty (20) feet from the public right-of-way.
(3) Driveways to provide access to a gasoline pump, platforms and curbs shall be designed in accordance with regulations adopted by the Ohio Department of Transportation.
(4) Open space adjacent to a public street right-of-way shall be landscaped and maintained in satisfactory condition in accordance with Section 1179.03, and, except for entrance and exit drives and permitted signs, shall not be used for any other purpose.
(5) A canopy may be constructed over the pump island provided the canopy shall be no closer than twenty (20) feet to the right-of-way.
(6) No junk or unlicensed motor vehicles shall be permitted to be parked or stored on the property. No inoperable vehicle shall be permitted to remain on the property for more than forty-eight (48) hours.
(7) All activities provided at gasoline stations, except those required to be performed at a fuel pump, air dispenser, or self-serve automobile vacuum, shall be carried on entirely inside a building.
(8) All outdoor loud speaker systems shall be approved as part of the site plan and shall not create a nuisance for adjacent properties.
(9) On a corner lot, the location of access drives to the street shall be placed as far from the intersection as possible and shall be limited to no more than one access drive per fronting street.
(10) A gasoline station may be combined with any other permitted use provided the parking space requirements for both uses are met.
(w) Golf Courses. Golf courses may be permitted in an R-100 Residential District in compliance with the following:
(1) The minimum lot area shall be twenty-five (25) acres and the minimum lot width shall be 200 feet.
(2) All buildings shall be located a minimum of seventy-five (75) feet from all lot lines. Parking shall not be located in the front yard and shall be a minimum of twenty(20) feet from the side and rear lot lines.
(3) Access drives shall be at least 100 feet from an intersection.
(4) Vehicular access to such uses shall be located on a major street.
(x) Group Home. In a Residential District, group homes shall comply with the following:
(1) The persons residing in such residential home shall live as a single housekeeping unit in a single dwelling unit and maintain said home as their sole, bona fide, permanent residence. The term "permanent residence" means:
A. The resident intends to live at the dwelling on a continuing basis; and,
B. The resident does not live at the dwelling in order to receive counseling, treatment, therapy or medical care.
(2) Evidence shall be presented that the proposed facility meets the certification, licensing, or approval requirements of the appropriate state agency. Failure to maintain such license, certification or other approval requirements shall result in immediate revocation of the home's occupancy permit;
(3) Signs or other means of identification as a group home shall not be permitted;
(4) The group home shall meet local fire safety requirements for the proposed use and level of occupancy.
(5) Large group homes shall comply with the following additional requirements
A. The applicant shall demonstrate that adequate qualified supervision will exist in the home on a twenty-four hour per day basis;
B. In order to maintain the single-family residential character of the area in which the large group home is located, the applicant is required and shall agree that upon termination of this conditional use for any reason the applicant shall restore the premises to a condition in which it is marketable as a single-family dwelling, unless ownership and/or possession of the premises is transferred to a person(s) who has obtained a similar conditional use certificate for the premises;
C. The applicant shall comply with the applicable parking regulations of the Planning and Zoning Code for the type of residential structure used by the residential home and shall make adequate provision for on-site parking of vehicles used by visitors and the home supervisors;
D. In considering whether to grant the conditional use permit, Planning Commission shall take into consideration the proximity and location of other such large group homes within the neighborhood so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact upon a given area with such use;
E. Conversion of an existing dwelling to a large group home shall require that the dwelling be brought into conformity with existing City regulations.
(y) Hospitals and Nursing Homes. Health care facilities shall comply with the following:
(1) The minimum lot area shall be three acres and the minimum lot width shall be 200 feet.
(2) Buildings shall be located a minimum of sixty (60) feet from the street right-of-way and fifty (50) feet from all other lot lines.
(3) Parking shall not be located in the front yard and shall be a minimum of 20 feet from the side and rear lot lines.
(4) Such uses shall be located adjacent to a major street or at an intersection with a major street, or, when in a multi-family district, it shall abut a commercial district.
(5) Access drives shall be located no less than 100 feet from an intersection.
(z) Impound Lot. The following standards shall be complied with as conditions for granting a conditional use permit for impound lots in a G-I District.
(1) The minimum lot area shall be two (2) acres and the minimum lot width shall be 200 feet.
(2) The lot shall be completely surrounded with a chain link fence having a minimum height of six (6) feet and three (3) rows of barbed wire on top.
(3) Security lighting shall be provided and such lighting shall not reflect on any residential property.
(4) The facility shall be locked when an attendant is not on duty.
(5) A sign shall be posted on the gate giving a phone number and name of the person to contact for information.
(6) A daily log shall be maintained and provided to the Police Department stating the arrival and departure date and time of any vehicle, trailer or boat.
(7) No vehicle, trailer, or boat shall remain on the site for more than 120 days unless specifically authorized in writing by the Police Department.
(8) There shall be no dismantling or retail sales of any vehicle, trailer or boat.
(aa) Indoor Commercial Recreation. Indoor commercial recreation facilities shall comply with the following:
(1) The proposed use shall not generate excessive noise beyond the premises. In order to minimize any effects of the above, the Planning Commission may require additional noise reduction measures to assure that the level of noise is no more than the prevailing noise levels of permitted uses in the District.
(2) The hours of operation may be regulated by the Planning Commission.
(3) There shall be no outside activities conducted.
(4) All activities shall take place in a fully enclosed sound restrictive building with closed windows.
(5) Public restrooms shall be provided and maintained.
(6) The facility shall meet all county or State of Ohio health, building, electrical and other applicable codes. In case of overlapping codes and/or jurisdictions, the more restrictive shall apply.
(bb) Manufacture of Products from Raw Materials. The manufacture of products from raw materials may be permitted in a G-I District in compliance with the following.
(1) The outdoor storage of any raw materials shall be enclosed by a solid wall or fence, including solid gates, having a minimum height of seven feet, which must be maintained at all times.
(2) All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Commission. Additional fences, walls or evergreen hedges may be required by the Commission if necessary to adequately screen the materials from adjoining districts or public streets.
(cc) Medical Clinics and Emergency Medical Services. Medical clinics, ambulance services, and other emergency medical services may be permitted in an O-B District and medical clinics/urgent care may be permitted in an L-I District in compliance with the following:
(1) Outdoor storage of ambulances and other vehicles used in the operation of the principal use may be permitted provided such storage areas shall be located in the side or rear yard in off-street parking areas.
(2) Such uses shall be located in an area least disruptive to pedestrian and vehicular traffic.
(dd) Metal Salvage, Scrap Iron or Junk Storage. In a G-I District the following requirements shall be complied with as conditions for granting a conditional use permit for metal salvage, scrap iron and junk storage establishments.
(1) The storage of any metal salvage, scrap iron, or junk including inoperative or wrecked vehicles, containers, secondhand building materials, or other salvageable materials shall be stored within a solid wall or fence including solid gates, having a minimum height of ten feet. Materials shall not be piled or stored higher than the top of the fence or wall.
(2) All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Commission. Additional fences, walls or evergreen hedges may be required by the Commission if necessary to adequately screen the materials from adjoining residential districts or public streets.
(ee) Micro production facility (Micro-brewery, Micro-distillery, Micro-winery) and Brewpub shall comply with the following:
(1) Each brewpub or micro production facility shall manufacture and sell alcoholic beverages in accordance with the provisions of the Ohio Division of Liquor Control and the Bureau of Alcohol, Tobacco and Firearms (ATF), and shall maintain current licenses as required by each agency.
(2) Brewpubs:
A. A minimum of fifty percent (50%) of the gross floor area of the brewpub shall be devoted to restaurant use for on-site consumption of food and beverages, including the kitchen and seating area, but not including any outdoor dining area.
B. The area used for on-site production, including but not limited to manufacturing, bottling and storage, shall not exceed fifty percent (50%) of the total floor area of the entire facility or 8,000 square feet, whichever is less.
(3) Micro production facilities in the G-B District shall provide a minimum of 1,500 square feet devoted to on-site retail sale, restaurant or tasting room for the on-site consumption of products produced on the premises.
(4) Each brewpub and micro production facility shall be architecturally compatible with the surrounding commercial uses.
(5) No brewing equipment or storage of materials shall be permitted on the exterior of the building, except as otherwise permitted for outdoor storage in the G-B district.
(6) The emission of odorous matter or smells in such quantities as to produce a public nuisance or hazard is not permitted.
(7) The facility shall not generate truck traffic materially different in truck size or frequency from that truck traffic generated by the surrounding commercial uses.
(8) Each facility shall maintain copies of all reports filed with the Bureau of Alcohol, Tobacco and Firearms (ATF) and shall be able to demonstrate, upon request of the City, that they have not exceeded the annual beverage production limit in any twelve (12) month period.
(ff) Multi-Family Units and Offices in the L-RB District. In the L-RB District, offices and multi-family dwellings may be permitted and shall comply with the following:
(1) The maximum permitted ground floor area shall be twenty percent (20%) of the lot area for principal buildings and five percent (5 %) of the lot area for accessory buildings.
(2) The density of a multi-family dwelling shall not exceed eight units per acre. The total number of units permitted shall be calculated by multiplying the total land area, exclusive of public rights-of-way existing at the time the conditional use application is submitted, by the maximum density permitted per acre.
(3) Multi-family dwellings shall comply with the dwelling unit floor area requirements for the R-MF-L District set forth in Section 1135.07.
(4) An existing one-family dwelling may be converted to a multi-family or office use provided the building is on a lot having an area not less than 15,000 square feet and a width not less than seventy-five (75) square feet. However, as an incentive to promote and encourage the continued use of historically or architecturally significant structures or to achieve proposed additions or remodeling which will be consistent with the purpose of the district, the Planning Commission may approve the conversion of a dwelling unit on a lot smaller than 15,000 square feet.
(gg) Outdoor Commercial Recreation. Outdoor commercial recreation facilities shall comply with the following:
(1) The proposed use shall not generate excessive noise, odor, dust or smoke beyond the premises. In order to minimize any effects of the above, the Planning Commission may require all applicable surface areas to be paved, and impose additional noise reduction measures, including mounding, landscaping and sound barriers, to assure that the level of noise is less than or the same as the prevailing noise levels of permitted uses in the District.
(2) All active recreation areas shall be enclosed by a fence having a minimum height of five (5) feet, unless a different enclosure is approved by the Planning Commission.
(3) Access drives shall be located at least 100 feet from an intersection.
(4) All structures including lighting fixtures shall have a maximum height of thirty-five (35) feet.
(5) Rifle ranges, skeet shooting ranges, pistol ranges and other uses involving the use of fire arms shall not be permitted.
(6) Public restrooms shall be provided and maintained.
(7) The hours of operation may be regulated by the Planning Commission.
(hh) Outdoor Dining. Outdoor dining may be permitted in compliance with the following:
(1) Outdoor dining shall only be permitted as an accessory use to an indoor restaurant.
(2) Outdoor seating shall be located so as not to obstruct any entrance or exit to the restaurant, and when located in the front yard, shall leave a minimum of five (5) feet of unobstructed sidewalk area.
(3) The number of seats permitted outdoor shall be no greater than thirty percent (30%) of the number of seats inside the restaurant.
(4) Additional Standards.
A. Outdoor seating areas located in the front yard shall be limited to seating only, and shall not include table bussing facilities, cooking facilities, or trash facilities.
B. Outdoor cooking facilities may be permitted in the side or rear yard, subject to all the requirements of the Health Code.
C. Outdoor heaters may be permitted pursuant to the Health and Fire Codes.
D. Alcoholic beverage service and consumption shall comply with State regulations.
E. Outdoor music and entertainment, when approved by the Planning Commission, shall comply with Section 1155.04(s).
F. The Planning Commission may require the outdoor area to be screened with a wall, fence or landscaping in order to reduce the sound levels beyond the property.
(Ord. 2020-21. Passed 2-18-20.)
(5) Outdoor dining may be in the public right-of-way but expressly conditioned upon the full completion and submission of a Public Right-of-Way (ROW) Outdoor Dining Permit Application, and the Agreement to comply with the City’s guidelines referenced therein each year, to the City’s Building Department and final application approval by the Safety Director.
(Ord. 2021-39. Passed 5-4-21.)
(ii) Outdoor Display, Outdoor Storage. The outdoor storage and/or display of goods, supplies and equipment, and fleet vehicles shall comply with the following:
(1) The outdoor storage of goods, supplies, equipment and vehicles (except for fleet vehicles) used in the operation of the principal use shall:
A. Be located only in the rear yard;
B. Comply with the principal building setbacks established for the district in which the principal use is located;
C. Not exceed ten percent (10%) of the ground floor of the principal building in a G-B district, nor fifty percent (50%) of the ground floor area of the principal building in an Industrial district;
D. Be screened in compliance with the district regulations.
E. Outdoor storage of goods shall be prohibited on vacant lots.
(2) The outdoor display of goods for sale shall:
A. Comply with principal building setbacks established for the district in which the principal use is located;
B. Not exceed thirty percent (30%) of the ground floor area of the principal building;
C. Not be located in areas intended for traffic circulation according to the site plan.
(3) Fleet vehicles used in the operation of the principal use may be stored outdoors on the lot in compliance with the following:
A. The outdoor storage of fleet vehicles shall be located in a side or rear yard in compliance with the parking setbacks set forth for the district in which the lot is located.
B. The outdoor storage area shall:
1. Not exceed twenty-five percent (25%) of the ground floor area of the principal building;
2. Not occupy or interfere with traffic circulation, required parking areas, public sidewalks or pedestrian access;
3. Be paved in compliance with the pavement requirements for parking lots;
4. Be enclosed with a fence having a minimum height of not less than six (6) feet.
(4) The outdoor storage and display of vehicles for sale at a car sales agency shall be governed by Section 1155.04(l).
(jj) Places of Worship, Public, Private and Parochial Schools, Private Boarding Schools, and associated facilities and uses. In any district, such public and semipublic uses may be permitted subject to the following:
(1) The minimum lot area shall be two acres for Places of Worship and Public, Private and Parochial Schools, and fifty (50) acres for Private Boarding Schools; the minimum lot width shall be 200 feet.
(2) Buildings shall be located a minimum of seventy-five (75) feet from the street right-of-way and seventy-five (75) feet from side and rear lot lines.
(3) Parking shall not be located in the front yard and shall be a minimum of twenty(20) feet from side and rear lot lines.
(4) Such uses should be located on a major street or have direct access to a major street without going through a residential neighborhood to lessen the impact on the residential area.
(5) When located in a residential district, the access drives shall be located no less than 100 feet from an intersection.
(6) In any district, the Planning Commission may require (when appropriate) all outdoor children's activity areas to be completely fenced to minimize traffic hazards.
(7) Associated uses such as a convent, faculty residence, dormitory, cafeteria, field house, infirmary, and equestrian center shall be located on the same lot as a place of worship or public, private or parochial school, and shall comply with the building setback requirements set forth for such uses.
(kk) Publicly owned parks, playgrounds, and other recreational facilities, shall comply with the following additional requirements:
(1) An outdoor playground, tot lot, exercise area or activity area may be located on any size lot in a One-family Residential District, provided that such recreational facilities are not located within a required front, side or rear yard, as specified in Schedule 1131.06 for the district in which the facility is located.
(2) Flood lighting and other lighting of playfields, buildings and parking areas shall be located and designed so that the illumination is focused upon the areas or building and to prevent glare upon the surrounding residences.
(3) Outdoor playgrounds, tot lots, exercise areas or activity areas shall be fully enclosed by a fence.
(4) The access points should be located to minimize thru traffic on residential streets.
(ll) Quarry Operations. Quarry operations may be permitted in a G-I District provided that the use shall at a minimum, meet the following conditions and limitations:
(1) A distance of no less than 200 feet must be maintained at all times from the nearest edge of the quarry to any residence existing at the start of operations. The front, side, and rear yard shall have a depth of no less than 100 feet to the nearest edge of operations.
(2) Truck routes shall be established for movement in and out of the development in such a way that it will minimize the wear on public streets and prevent hazards and damage to other properties in the community.
(3) Truck parking areas, maneuvering lanes, and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on, and adjacent to, the site and shall be built or treated to prevent the creation of dust and drainage problems.
(4) Any temporary structures must be indicated as such on site plans submitted to the Planning Commission for approval. Such structures shall not be continued as permanent structures. The period of continuance shall be set by the Planning Commission.
(5) All facilities, structures, and activities shall meet all county and/or State of Ohio Health, building, electrical, and other applicable codes. In cases of overlapping codes and/or jurisdictions, the more restrictive shall apply.
(6) The area being excavated shall be enclosed by a fence seven feet or more in height for the entire periphery of the development. Fences shall be adequate to prevent trespass and shall be placed no closer than fifty feet to the top or bottom of any slope. No sand or gravel shall be removed or stored, or overburden stored within 100 feet of any lot line not owned or controlled by the operator of said business or his agent nor shall such mineral extraction business be conducted closer to any lot line or street so, that areas contiguous and adjacent thereto do not have adequate lateral support.
(mm) Restaurant shall comply with the following:
(1) Any outdoor dining provided in association with the restaurant shall comply with the standards set forth in Section 1155.04(hh).
(2) Any live entertainment or amplified music shall comply with the standards set forth in Section 1155.04(s).
(3) All associated sale and service of alcoholic beverages shall be in compliance with state issued liquor permit.
(nn) Retail Establishments and Restaurants in O-B Districts. Retail establishments and restaurants that are intended to meet the needs of employees within the O-B district may be permitted in compliance with the following:
(1) Retail stores and restaurants shall be located in a permitted office building and shall occupy no more than twenty percent (20%) of the total gross floor area of the building or an area equal to one hundred percent (100%) of the ground floor area, whichever is less.
(2) Access to such conditional use shall be through the primary means of egress to the building and no exterior signage for the conditional use shall be permitted.
(oo) Retail Establishments in Apartment Buildings for Residents of Same. In an R-MF High-rise District retail establishments may be permitted provided such establishments do not exceed fifty percent (50%) of the area of the first floor of the multi-family dwelling when such dwelling has at least fifty (50) units.
(pp) Retail Sales (Controlled Substances) shall comply with the following additional requirements:
(1) The conditional use permit shall only be issued to an owner/operator or lessee operator.
(2) Full compliance with all licensing requirements of any governmental agency.
(3) No person shall sell or otherwise distribute retail sales (controlled substance) from a vending machine open to the general public.
(4) No retail sales, dispensing or distribution of the Retail Sale (controlled substances) by acceptance or redemption of any coupons, price promotion, or other instrument or mechanism that provides these products to a consumer at no cost or at a price that is less than the non-discounted, standard price issued by a retailer on the product item is permitted.
(5) No retail sales, dispensing or distribution of the Retail Sales (controlled substances) product shall be made between the hours of 10:00 p.m. and 5:00 a.m.
(qq) Retail Sales (electronic cigarettes and vaping devices) shall comply with the following additional requirements:
(1) The conditional use permit shall only be issued to an owner/operator or lessee operator.
(2) Full compliance with all licensing requirements of any governmental agency.
(3) No person shall sell or otherwise distribute electronic cigarettes or vaping devices from a vending machine open to the general public.
(4) No retail sales, dispensing or distribution of the Retail Sales (electronic cigarettes or vaping devices) by acceptance or redemption of any coupons, price promotion, or other instrument or mechanism, that provides these products to a consumer at no cost or at a price that is less than the non-discounted, standard price issued by a retailer on the product item is permitted.
(5) No retail sales, dispensing or distribution of the Retail Sales (controlled substances) product shall be made between the hours of 10:00 p.m. and 5:00 a.m.
(rr) Retail Sales (Limited) as an Accessory Use. Principal uses in the applicable zoning district may include limited retail sales as an accessory use provided:
(1) The floor area dedicated to retail sales is less than ten percent (10%) of the total building floor area, or 4,000 square feet, whichever is less;
(2) The retail sales take place in the principal building; and
(3) The retail sales are related to the services rendered, products stored, or products produced as part of the principal use.
(ss) Retail, Large Format. Shall comply with the following:
(1) Generally sell a single product line requiring a large floor area for the product or service sold and do not generally need to associate, for marketing purposes, with other retail businesses in a shopping center type environment; and
(2) Are determined by the Planning Commission to be compatible with the other uses permitted in this district.
(tt) Senior Citizen Development (R-100).
(1) The conditional use permit shall only be issued to an owner/operator or lessee/operator that provides care and service to the elderly within the City of Willoughby. Among the services that shall be provided are:
A. Provide varying levels of care and service to accommodate aging needs when health and cognitive function decline.
B. Provide a licensed home care program of skilled and home care services.
C. Transportation for occupants.
D. Adult day care service.
E. Independent living services.
F. Assisted living services.
G. Dementia care.
H. Assisted living and home care supported and managed by professional social workers and nurses.
I. Provide a program that supports older adult residents of the facility who outlive their resources.
J. Maintain and employ its own safety and security services 24 hours per day, seven days per week whose workers are trained to respond to basic emergencies.
K. Implement a transportation program that provides fixed round trip travel to grocery, pharmacies, banks, physician appointments and to special events in the community that are of interest to the residents.
(2) In addition, the development shall comply with the following minimum standards:
A. Minimum development acres on one lot consisting of a minimum of ten (10) acres.
B. Minimum building setback:
C. Euclid Avenue, Lake Shore Blvd., Lost Nation Road, State Rt. 91: sixty (60) feet.
D. All other streets: forty (40) feet.
E. Minimum building setback from property boundary line: forty (40) feet unless Planning Commission approves a lesser distance as a conditional use.
F. Maximum principal building height: thirty-five (35) feet unless Planning Commission approves a greater height as a conditional use.
K. Minimum open landscaping area: twenty percent (20%)
L. Maximum dwelling units per acre: ten (10).
(3) Additional requirements:
A. The development shall comply with all licensing requirements required by any governmental agency.
B. The head of the household or spouse of the head of household or sole occupant occupying any dwelling unit shall be fifty-five (55) years or older.
C. The owner/operator/lessee shall require the occupant or head of the household of each dwelling unit to execute a resident agreement that provides for all levels of care.
(4) In considering whether to grant the conditional use permit, the Planning Commission shall take into consideration the proximity and location of other such senior facilities within the area so as not to change the character of the area, create undue congestion in the public ways, or otherwise adversely impact the area, but in no event shall a Senior Citizen Development (R-100) be located within (one) 1 mile of another Senior Citizen Development (R-100).
(uu) Senior Citizen Housing (Multi-family). In any R-MF Multi-Family District, a multi-family development that is designed for, occupied by, and intended to be exclusively devoted to Senior Citizens shall:
(1) Comply with the minimum dwelling unit floor area specified below:
A. For an efficiency suite: 400 square feet.
B. For a one bedroom unit: 500 square feet.
C. For a two bedroom units: 600 square feet.
(3) Comply with the minimum lot, density and site development regulations set forth in Chapter 1135.
(4) To qualify as a senior citizen housing development the applicant shall present documentation to the satisfaction of the Law Director that ensures that the multifamily dwelling units are constructed for, marketed to and perpetually reserved for senior citizen residents in compliance with the federal fair housing laws.
(vv) Storage of Unlicensed Vehicles. The storage of unlicensed vehicles may be permitted in a G-I District only upon compliance with the following conditions.
(2) Any approved storage area shall be inspected each month during the period of time the conditional use is so permitted.
(3) The maximum number of vehicles allowed to be stored pursuant to any conditional use permit granted herein shall be three.
(4) No conditional use permit granted herein shall be beyond one year's duration after which period of time the holder of the permit must reapply to the Planning Commission for a renewal of the permit for the next succeeding year.
(5) The criteria for the granting, renewal or refusal of a conditional use permit issued herein shall be based upon performance, number of complaints received, site history and needs of the business.
(ww) Studios for Instruction. In an R-B District and for first floor space in the D-B District, establishments offering nonacademic instruction should be located so as to minimize the amount of space inactive during normal business hours that is located in the middle of a retail setting. Studios are encouraged to have associated retail uses located in the first floor space nearest the street in order to contribute to the retail environment of the district.
(xx) Small-Scale Attached One-Family/Townhouse Development. In the R-MF-L District, an attached one-family or townhouse development that does not meet the standards in Chapter 1135 for attached one-family units, may be permitted as a conditional use in compliance with the following:
(1) A small-scale attached one-family/townhouse development shall comply with the R-MF-L requirements set forth in Section 1135.04 except as otherwise specified below:
A. The development area shall not be less than three (3) acres.
B. Each attached one-family and townhouse unit shall have a width of at least twenty (20) feet and a depth of at least twenty-five (25) feet, and a total footprint of not less than 500 square feet.
(2) A small-scale attached one-family/townhouse development shall comply with the R-MF-L requirements set forth in Section 1135.05 except as otherwise specified below:
A. The minimum building setback from a project boundary line abutting an R District shall be thirty(30) feet.
B. The minimum building setback from a project boundary line abutting all other districts shall be twenty (20) feet.
C. The minimum building separation shall be not less than thirty (30) feet between the main wall of an attached one-family or townhouse building and the secondary wall of another attached one-family or townhouse building.
D. The minimum building separation between the secondary walls of two (2) attached one-family buildings or townhouse buildings shall be not less than fifteen percent (15%) of the width of the smallest building, but not less than ten (10) feet.
(3) Notwithstanding the above requirements, the Planning Commission may approve modifications to the lot area, lot coverage, density, parking and setback regulations based upon the proposed development plan.
(yy) Transmission Towers and Related Facilities. A transmission tower and related facilities for commercial and public signal transmission may be permitted in an L-I and G-I District in compliance with the following for the purpose of minimizing potential danger to residents from radio frequency (RF) interference and radiation from transmission antennae.
(1) The tower site shall be large enough to contain within its boundaries any potential debris including falling ice.
(2) The tower base shall be located no closer than 100 feet to a residential district or public street right-of-way or a distance equal to fifty percent (50%) of its height, whichever is greater.
(3) The applicant shall demonstrate that the proposed tower is the minimum height necessary to accommodate the antennae and is no higher than existing towers housing similar antennas.
(4) Where the site abuts a residential district or public right-of-way, the base of the tower shall be completely screened, except for the driveway access, by evergreen trees of at least six feet in height.
(5) All installations shall exhibit architectural quality, coloration to blend with surroundings, and structural integrity. Experimental or temporary installations, inferior materials, and questionable stability are not permitted. In every case, the entire installation, including evergreen plantings, shall be compatible with the character of the surrounding area of the City and shall have no adverse impact on the property, the neighborhood, or general public. Permanent foundations shall be adequate for anticipated wind loads.
(zz) Vehicle and Equipment Repair Services and Sales and Service of Construction Equipment, Farm Machinery, Recreational Vehicles and Other Large Equipment. The repair, servicing, and sales of machinery, recreation vehicles, construction vehicles and other large vehicles and equipment may be permitted in a L-I District provided such use complies with the following conditions and limitations:
(1) Vehicle parking areas, equipment storage areas, maneuvering lanes, and access ways to public streets shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on, and adjacent to, the site.
(2) The outdoor overnight parking and storage of any trucks and other equipment shall be enclosed by a solid wall or fence, including solid gates, having a minimum height of seven feet, which must be maintained at all times.
(3) All fences or walls required in this section shall be constructed of uniform materials painted or otherwise preserved, and approved by the Commission. Additional fences, walls or evergreen hedges may be required by the Commission if necessary to adequately screen the materials from adjoining residential districts or public streets.
(aaa) Veterinary Offices and Animal Hospitals/Clinics. A veterinary office or animal hospital/clinic may be permitted in a G-B, L-I and G-I District provided such use is located in a building having adequate sound proofing and odor control. In a G-B District, there shall be no kennels or facilities for the boarding of animals except to allow indoor overnight lodging only as necessary for animals receiving medical attention.
(bbb) Vocational, Trade or Technical School. A public or privately owned facility of a school district providing full time instruction and training for vocations in accordance with the requirements of the ORC may be permitted in a G-B District in compliance with the following:
(1) It shall be the responsibility of the school district to provide for and ensure acceptable separation between the school and non-school use dependent upon such conditions as location, shared facilities and intensity of proposed non-school use.
(2) Off-street parking and loading space shall be provided.
(3) All commercial uses shall be designed and conducted to minimize noise, traffic congestion, safety hazards, or any other condition that could significantly affect public health, safety or welfare.
(4) A site plan delineating the proposed amount, use and location of space for both school and non-school uses. The plan shall identify vehicle access and parking as related to all existing and proposed uses.
(5) A list of specific uses to be accommodated on the site. Each use shall be described in sufficient detail as to permit a clear understanding of any potential site and neighborhood impacts.
(6) Such other information as may be required by the Planning Commission.
(ccc) Work/Live Units. The following conditions shall apply to work/live units in a commercial building.
(1) The exterior appearance of the commercial structure shall be compatible with adjacent nonresidential uses.
(2) Work/live units located on the first floor of a commercial building are subject to the development standards for first floor establishments as set forth for the district in which the work/live unit is located.
(3) When a work/live unit is located on the first floor of a commercial building, a minimum of eighty percent (80%) of the linear first floor façade of the work/live unit shall be occupied by the nonresidential use.
(4) Parking for work/live units of less than 2,000 square feet may be approved at one space per unit.
(Ord. 2020-21. Passed 2-18-20.)